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What to do if you overstayed in Malaysia? - Updated with Policies wef 01.01.2019

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asked on Feb 17, 2019 at 22:54
by  
edited on Mar 27, 2019 at 14:37
 
Attention to those who have overstayed in Malaysia
Surrender to the Immigration is the ONLY Solution:

For the surrender to Malaysia Immigration,
1. Bring the original passport that you have used to enter into Malaysia. 
2. Bring Police Report for "Lost Passport", then go to your country's Embassy/ Consular Services to obtain an ETC (Emergency Travel Certificate), some countries issue emergency travel passport, some countries issue "out-pass".
3. Any Proof or valid reasons to overstayed in Malaysia.
4. Do not buy in advance air ticket till you are sure of the validity date of the exit "Special Pass" issued to you by the Malaysia Immigration at a cost of RM100 only, after the payment of compound penalties (fines).



 
Please take note that this thread has been created as part 2 to continue from the old thread of https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=last#a46885  part of the reason, to be more friendly towards users with mobile devices.

Although some old policies have been changed, it would be wise to read back those cases which could be similar to yours. Then people will understand the process on how the 6P, 3P, Rehiring, Amnesty and the (3+1) Surrender came about.

Re-Hiring of Illegals  is over 30/06/2018
The Surrender (3+1) is over on 30/06/2018
The Amnesty is over 30/08/2018.

All those remaining inside Malaysia without valid documents now are regarded as having overstayed and by administrative legal definition known as ILLEGALS.

Viewers can asked questions in this new thread or at the old thread at:
https://www.lawyerment.com/answers/questions/11868/what-to-do-if-you-overstayed-in-malaysia?g=103#tab-top
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answered on Feb 19, 2019 at 16:06
by  
edited Feb 19, 2019 at 16:08
by   jeff005
@carrie1226

Sample of  cancelled  work permit.

This permit was cancelled and the defaulter deported because of being caught working in the premises of not his approved valid employer  stated in the work permit.

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answered on Feb 21, 2019 at 17:07
by  
@carrie1226 

Sample of Multiple Entry Visa of a Validity period of 3 months.

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answered on Feb 23, 2019 at 10:45
by  
edited Mar 1, 2019 at 06:52
 


If you are a foreigner... You had overstayed in Malaysia... What should you do...

Overstayed?

If you had overstayed in Malaysia, please report immediately to the nearest Enforcement Division of the Department of Immigration Malaysia. The earlier you report, the easier it is for us to help you.

Please don't use any middle man.

Steps to be taken:

1. REPORT IMMEDIATELY to Enforcement Division of the Department of Immigration Malaysia.

2. BRING ALONG your international passport.

3. SHOW PROOF Why you had overstayed? Show supporting documents such as sick certificate or others.

4. PLEASE GIVE full co-operation when your statement is being recorded by the immigration officer.

5. IF... Your reason of overstaying is proven prima facie then you will be:

a. Issued check-out memo to facilitate the return to country of origin.

  OR

b. Refer to the Visa, Pass and Permit division or Foreign Worker Division for the issuance of a proper pass or permit.

(Special Pass is payable by RM100 only)

6. BUT... If your reason is not acceptable, then you can be penalised under section 15(1)(c), Immigration Act 1959/63 (Revised 2002):

Overstayed in Malaysia after the expiry or cancellation of pass, can be compounded RM10,000 or imprisonment for a term not more than 5 years or both.
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answered on Mar 1, 2019 at 13:02
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edited Mar 1, 2019 at 14:44
by   jeff005
@carrie1226

Further notes to the above charts posted.

a. Issued check-out memo to facilitate the return to country of origin. 
This option is only for those foreign workers who have entered as  legal workers  but turn  illegals  by the non-renewal of their work permits. Some could have changed employers and have applied for new permit who may have been turned down due to irregularities in their application, those "new/current"  employer will have to apply for a exit doc termed  COM  (Check Out Memo). Only employer with registered business can apply. These employers have to pay for the fine and penalties for the overstaying foreign workers plus a air-ticket back to their country. The FINE  and PENALTY  is actually issued to the name of the company the illegal worker is/has been working for.

Overstayed in Malaysia after the expiry or cancellation of pass, can be compounded RM10,000 or imprisonment for a term not more than 5 years or both.
The term specified "pass"  above refers to a wider spectrum.  Social Visit Pass (SVP/VP),  VPTE (Visitor Pass Temporary Employment),  LTSVP (Long Term Social Visit Pass),  Professional Expat Employment Pass (DP-10),  Dependant Pass (DP-11),  Student Pass.
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answered on Mar 2, 2019 at 05:12
by  
@jeff005 
Thank you for your reply, this is a report for my question from the other thread

===================
@jeff005 

Hello Jeff, 

 I've been trying to read to back on other's posts and questions, as well as your answers to them and I have also checked out the other smaller thread that has 2 charts. I'd kindly appreciate your advice and help as well as your kindness and understanding cause I'm really panicking right now and I've been having these panic attacks so frequently in the past few days and I really don't know who to turn to or what to do, so please bare with me. 

I have a little bit similar story to Zash99. I'll try to make it as short as possible to save you the headache. 

I'm a physician and my wife is an English teacher and we have come to Malaysia in Oct, 2015 with our son and we have been granted 90 months stay through Visa on Arrival. Then For the next few months, I've gone outside Malaysia and came back twice to renew the visa. Until I met someone who promised to provide me with a professional visa (and I'm sure you know how this story goes), and of course now I know how naive and stupid I have been. This person told me that he would need to first get me a special pass before he can start on processing my professional visa and later returned with stamped passports for me, my wife and 1-year-old son back then. He kept on playing with me for an entire year before he returned my passport back and started telling me that the stamps were fake. 

at that time a friend suggested that I go to U.N. and apply for refugee I think it was around the beginning of 2017 and I did so and my appointment was set for around Feb 2018. During my wait for the appointment unexpectedly my wife got pregnant with our daughter and with everything going on unfortunately we missed our appointment and when I was able to go back to check if I can get a second appointment they have told me we will put you on waitlist and we will call you back and I never heard from them till today. and during that year I've been also played with again and I know how stupid that sounds but it's the hope that something could go right just once this time nothing happened but wasting my time and being worried all the time. that went on till mid-2018 when I finally decided that I'd try to collect the money that I need for all the fines and for tickets and then I'd move forward to IMI to settle the issue (and I lacked all the information and didn't know how serious things are) 

My daughter was born here in Malaysia in August 2018. Currently, my wife is seeking a divorce and wants to go back home and I want to do the same and face my fate over there and all I'm hoping for now that the wife and the kids at least don't get hurt. She acted on herself and got a police report for lost passports and went to the embassy and got 3 travel documents for her and the kids and I started researching what could be the fines when I came across all the horror stories of people being imprisoned and whipped and so on. 

My questions if you please; 
1. Based on my story what would be your advice? 
2. Should I do the same and do a police report for a lost passport and get a travel document from the embassy as well? 
3. I've asked someone I know who said he has a contact who used to work for IMI and he told me don't try to go to surrender cause they will detain everyone including the kids and I don't know if he is being true or he is just planning for a scam as well. I know you have told others that if they surrender they won't get detained but I just wanted to confirm based on my story as well as any recent updates. 
4. I've also don't understand the charts you have posted where there is a section of the compound fine; 

 a) I think I should fall under the 6+ months category right? 
 b) How much in total I should prepare, meaning I'd pay fines for the 4 of us or adults only or for me, my wife and son who originally came here together? 
 c) Also, when does the act of "Not less then 10,000 RM and/or imprisonment apply? 
 d) Also you have said 'BUT... If your reason is not acceptable, then you can be penalised under section 15(1)(c), Immigration Act 1959/63 (Revised 2002): " 
 How would I know if my reasons are acceptable? 
 e) are there any guarantees or it's only a case to case situation and everyone has to test his luck? 

I know everyone says that but we really were very ignorant about everything and I feel I dragged my family into all of this and I never intended any harm and I hated that I got mixed up with all of this. I loved the country and the people so much and I never wanted to violate their rules.  

I'd appreciate your advice and I'd be so grateful for you having the time to read my question and direct me towards the right directions all I want now is to know how to act and the amount of money I need to prepare in order to make my family safe again.
===================

Once again thank you so much for helping me out and for helping others as well, it's very generous of you. As for lengthy replies, I'm all ears and eyes

And here is the information you requested;
* We are all from Egypt
* I'm 32, wife is 33, son is 4 years and my daughter who was born here is amost 6 months.
* Dates of Entry (I reckon you are talking about the last one); 
  + The last one we actually got when we got back here was; on 14 APR 2016 (For the 3 of us)
  + The ones that scammer, unfortunately, put on; 25 JUL 2016 (For me and the wife) and 20 JUL 2016 (For the kid)

As for the type of physician I am . I'm the type of physicians who have started to get panic attacks I guess. and it's the same here it all has started with all the talk about the divorce and everything else.
 

One more thing, if I may; I can't help but notice that you advice to go on with the original passport and that travel documents would cause complications and in your last reply to Zash you said;
"
That is why I have always tell overstayers to use original passports to surrender to immigration to avoid any  Jail Term. "

So ... panic attack alert

Anyway, thank you Jeff for your time and your help. I appreciate it a lot and please let me know if you need me to provide any other information.

Thank you so much.
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answered on Mar 2, 2019 at 11:32
by  
@joschmidt

Wow.. another panic attack at 4am?

Basically you have 2 potential issues
a) How to surrender correctly
b) Your infant daughter legality in Malaysia

Let's discuss on the issues that is causing your panic attacks first.

a friend suggested that I go to U.N. and apply for refugee 
Egyptians do not qualify for UNHCR Malaysia refugee program. Maybe for political asylum or religious persecution from 2018 onwards.

I've been also played with again and I know how stupid that sounds 
Everyone hopes for a second chance to do things right, but sometimes you meet bad people. You are very lucky that you found this website on time and your this post is the very first in my new thread. No worries, you will be given appropriate advices.

till mid-2018 when I finally decided that I'd try to collect the money that I need for all the fines and for tickets and then I'd move forward to IMI 
How much have you budgeted for? RM15,000 for the whole family to go home?
You have missed the "Amnesty" period which ended on 30/08/2018 because of your wife's childbirth. It would only cost RM400 per adult.

I came across all the horror stories of people being imprisoned and whipped
Skip those horror stories, it is also spread by scammers. It is true when these people are jailed and whipped (for men ) for those who were caught in immigration raid in "unauthorized" workplaces.
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answered on Mar 2, 2019 at 13:22
by  
@jeff005

Thank you so much for your replies I really appreciate it greatly and yeah a panic attack at 4 AM :/. But really reading your replies and knowing there could be a safe way out just makes everything a bit easier.

Everything just came out at once, I recently came to the realization that I have ASD along with the newly risen panic attacks and the divorce thing and trying to sort everything informatically and financially.

Anyway, I'm truly grateful that I've found this post and grateful for you giving the time to answer people like me.

a friend suggested that I go to U.N. and apply for refugee  
Egyptians do not qualify for UNHCR Malaysia refugee program. Maybe for political asylum or religious persecution from 2018 onwards. 
I'm not sure what could the program be called but it was just a new thing when I've gone there and registered before that it wasn't available to Egyptians. I registered the wife, the son and myself cause my daughter was not yet born.

No worries, you will be given appropriate advices. 
That's what I'm hoping for and I would appreciate it so much.

How much have you budgeted for? RM15,000 for the whole family to go home? 
You have missed the "Amnesty" period which ended on 30/08/2018 because of your wife's childbirth. It would only cost RM400 per adult. 
Honestly, I didn't know how much I would need to save up so yeah I was hoping that I would be able to save up as much as possible so I can take actual actions. However, now since everything just came at once and looks like all hell broke loose, I wanted to know the steps and the amount of money I need so I can know how I would sort that out. About the Amnesty period, I wish I had ever known about this and it ended right after my wife's childbirth by the way. 

Skip those horror stories, it is also spread by scammers. It is true when these people are jailed and whipped (for men ) for those who were caught in immigration raid in "unauthorized" workplaces.
That's a little bit comforting. I'll keep my fingers crossed and hope for the best.

I'll be keeping an eye on the thread in case you need me to provide you with any further details and to follow your replies. Once again I can't express how grateful I am and how I appreciate the time you spend reading through the posts and giving me advice, so THANK YOU SO MUCH.
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answered on Mar 2, 2019 at 13:33
by  
edited Mar 2, 2019 at 13:57
by   jeff005
@joschmidt 

Basic comments for your Qs above

2.  You have no choice now but to do the same. Otherwise it would not tally with your wife's reports and further more issues. Your passport have been desecrated and is already useless. You will be in grave consequences if there are faked permits found inside. Can you give me more information of your daughter? The type of docs she has for birth and the type of docs the Embassy have issued for her. This is one of the issues which is normally not   faced by overstayers.

3. True but on the other hand, another scam can be carried out.

4. (a) Correct

4. (b)  Your last entry is on 14/4/16 expiring around around 14/7/16. From Jul 2016 till today Mac 2019 is around 2 years 8 months (below 3 years). Actually at the start of 2018, there was another category for "below 3 years", I do not know whether it is still applicable now. It was 6months-3years and the compound fines is RM2,000 per person. Children below 18 years old are "not legal tender" and cannot be charged in court. So, your son should not be "compounded" and they cannot compound the parents as the passport is under your son's name.. hehehe

4. (c)  This section of the Act refers to a broad spectrum of IMI infringements. It can be a combo of many other infringements of immigration. As far as my concern, you have only broken one infringement, that is  "overstay".

4. (d)  No worries, just tell the truth (minus the fake stamps), and you will be alrite. I will email you another excuse in time to come when you have to submit a letter as to why you have overstayed.

4. (e)  There is no guarantee of any sort as it is case to case basis and  you will not testing your luck. Just tell the truth. Overstay is overstay even for 1 day. Immigration officers are humans being with compassion too. Just do not tell lies and they will kick you home asap. Close another case...!!

Further info
*   I will have a short talk with you about your impeding divorce on child custody after we finish with overstay first. I wish it would not occur when both of you are back in Egypt.

**  Can I have the 3 fake "stamps" in the passport pages? Can send it to my email address?

*** Trust me, have faith in my comments, you will have not issues in your "family surrender".

ok??  no more panic attacks. I dun want to go visit you in any ICU anywhere. I do not have transportation anymore. My old junk was compounded and towed away by the road transport authority two days ago...!! Taking about laws helping others, but cannot help my ownself. My own 23y/o Faithful Car..!! I did have a little emotional breakdown these few days..!!

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answered on Mar 2, 2019 at 16:15
by  
 @jeff005

First of all, I'm terribly sorry about your car :( I'm it will be back home safe and sound very soon, I know how it feels for the care to be taken away :( it happened to me with my 4y/o one right before I leave Egypt and it was not a good time too. 

For the panic attacks, I'm trying to keep myself under control as much as possible don't want to end up in ICU as well lol. By the way, it did happen the first time with the idea of losing the kids and never seeing them playing in my head. It was sporadic over the years that I didn't recognize it but since that and it has been frequent and then thinking about this situation and mind goes 1000 miles a minute.

Anyway, I'll provide the information you asked me about first.

Can you give me more information of your daughter? The type of docs she has for birth and the type of docs the Embassy have issued for her. 
- She was born in a private hospital and they provided us with documents of her birth which we used to get her Malaysian birth certificate and the embassy provided her with travel document based on that birth certificate. So the documents she has; 1. Hospital document 2. Birth certificate 3. Travel document from Embassy (which would be expiring next 17th of March)

This is one of the issues which is normally not faced by overstayers. 

- I can tell about this one :( it was not something planned nor even possible but you know they are destined to come to this world they just do I guess : )

**  Can I have the 3 fake "stamps" in the passport pages? Can send it to my email address? 
I will be sending you these shortly to your email.

Now I have a few more questions if you don't mind. I'm not sure though if I should hold my question until you have the full picture of my situation or it's ok to ask them no. So if you think it would be better to hold them back for now just let me know and ignore answering them for now.

3. True but on the other hand, another scam can be carried out. 
1. This one freaked me out a little bit, so if go and surrender we will get detained?

From Jul 2016 till today Mac 2019 is around 2 years 8 months (below 3 years).
2. Just trying to confirm here, so far it should be a total of 4000 RM for overstays + 300 RM special passes (This leaving out any expenses for my daughter who was born here)

4. (d)  No worries, just tell the truth (minus the fake stamps), and you will be alrite. I will email you another excuse in time to come when you have to submit a letter as to why you have overstayed. 
3. I'd be so grateful for this and yes I'd be very grateful if maybe later I can tell you what I'm going to tell them exactly and you give me your opinion. I'd love to tell the truth cause I'm a terrible liar anyway.

====

Furthermore;

*   I will have a short talk with you about your impeding divorce on child custody after we finish with overstay first. I wish it would not occur when both of you are back in Egypt. 
This would be just very generous of you really and once we reach that stage that would mean that everyone is home safely.

*** Trust me, have faith in my comments, you will have not issues in your "family surrender". 
I trust your comments really and it's properly the first comments I ever read online that are making sense and understanding at the same time. There is a genre of hate comments out there like "You did this face the consequences" or "You deserve it" and these kind of comments and the other ones are the scammers' comments and last but not least the comments that are not based on knowledge.

So yes, I really trust your comments and I'd follow your advice and hopefully, I'd message you from Egypt one day : ) after everything goes OK.

Once more thank you so much for everything and I hope you are having a wonderful weekend
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answered on Mar 2, 2019 at 16:19
by  
 @jeff005 

Oh and one more question about the "The Amnesty". It's not predictable when it could be allowed again? and furthermore how people know about it to begin with?
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